4th expert discussion: ‘Drone law in an international context’

The discussion on drone law covered various aspects, including the now proposed U-Space Regulation at European level, the different approaches of EU member states to the application of NOTAMs, the cross-border application of SORAs and aviation law with experts from industry and research. Among other things, it was noted that Norway, for example, hardly ever closes airspace, but a notice about drone flights by means of NOTAMs. Even the border with Switzerland has exceptions regarding drone law and shows differences to the EASA full member states.
The U-space regulation governs U-space in the EU but does not specify which law applies in the respective countries or even across borders. Other examples of drone flight missions that have yet to be legally formulated include international waters outside EU law. There are legal uncertainties and different regulations in different countries, especially in border regions.
The experts discussed the legal framework, the accreditation of U-space service providers and the challenges of cross-border flights. It was emphasised that a supranational legal construct is required to set uniform standards within the Union framework and to guarantee the services of U-space service providers. The question of jurisdiction and ownership of U-Space was also raised.
The importance of positive perceptions of drone operations to strengthen public support was also discussed. The need for community involvement and the promotion of economic activity through U-Space prototype projects was emphasised.

1. There is no practical guidance, for example, for cross-border safety zones from the SORA process or for flying over international waters outside EU law.
   In which law do you operate when you encounter international waters within these zones that are not subject to EU law?
2. Legal uncertainty and challenges for cross-border flights.
   The question of choice of law in U-Space and the complexity of accrediting service providers pose challenges.
3. Need for a supranational legal construct for uniform standards and services.
   – Who ensures that, for example, the same services are offered in Slovenia as in Austria? If this is not the case, does the service end at the border?
   – There is a need to ensure that U-Space service providers in different countries have the same status and that services are offered seamlessly at the borders.
   – Good practice examples of cross-border U-Spaces would be desirable.
4. To demonstrate the urgency of promoting economic activities in Austria, a prototype project for U-Space implementation could help and the development of a standard scenario could bring an economic advantage.
5. The importance of public support and positive representation of drone missions to the population is great.

This summary is intended to provide an overview of the discussion on drone law and to highlight the challenges and open questions in relation to U-Spaces and international drone law.
We would like to thank Mr Krenn and Mr Mittelbach (ACstyria), Ms Pichler and Mr Höfer (SCWP), Mr Ehrenhöfer (Forstbetrieb Mayr-Melnhof-Saurau) sand the other external cooperation partners for their participation!The AIRlabs Austria team will be happy to answer any questions, comments or requests for cooperation in this area at any time!